Unfortunately, accidents between vehicles and pedestrians occur more frequently than most know. According to the CBC, Canada is one of seven industrialized nations where pedestrian deaths are rising.
The CBC reports that the increase in the number of deaths is occurring in part because of distracted, negligent driving. Even if a pedestrian-car accident does not result in death, significant injuries are possible, such as broken bones, paralysis or traumatic brain injuries.
If you or your loved one was the victim of an accident with a car while walking, you may be eligible to receive compensation for your pain and suffering. A pedestrian accident lawyer serving Belleville from Preszler Injury Lawyers may be able to protect your rights to receive compensation. Call us at 1-800-JUSTICE today.
Our pedestrian accident lawyers can meet with you in Belleville for a free initial consultation. Call (416) 364-2000
Determining Liability in a Pedestrian Accident
If a driver-operated their motor vehicle recklessly and then struck someone walking, the driver may be found negligent. The Ontario Ministry of Transportation states that drivers “must care about the safety of others on the road.” The driver must pay close attention to both the roadway where other vehicles are driving and any pedestrian walkways in the area, including crosswalks and sidewalks.
Section 3.2 of the Transportation Association of Canada’s Model Rules of the Road states that a pedestrian has the right of way when he or she is in the crosswalk.
Examples of Driver Negligence
Should a driver behave in a negligent manner and cause or contribute to an accident with a pedestrian, proof of their liability may strengthen your claim to damages. Some examples of driver negligence may include:
- Failing to stop at a crosswalk, stop sign, or red light
- Failing to yield to pedestrians during a right turn
- Driving too fast for weather or road conditions
- Driving under the influence of drugs or alcohol
- Distracted driving
- Fatigued driving
- General reckless driving
With a pedestrian accident lawyer serving Belleville on your side who may be able to protect your right to seek compensation, you may focus on recovery. At Preszler Injury Lawyers, our team knows how to represent your interests in court and in negotiations with an insurance company.
We know how the law works in this type of accident. Anytime a pedestrian is involved in a car accident, there is a reverse onus on the driver to prove that he or she was not negligent. Call us at 1-800-JUSTICE today to discuss the facts of your case.
Belleville Pedestrian Accidents Lawyer Near Me (416) 364-2000
Types of Injuries in Pedestrian Accidents
Because vehicles traveling with speed are extremely heavy, any time a car strikes a pedestrian, the results may be catastrophic.
Injuries from a pedestrian accident may be life-changing and may require weeks or months or even years of medical care and rehabilitation. Sometimes, injuries are so severe that the victim never fully recovers.
Some types of injuries you may suffer after being involved in a car accident may include:
- Traumatic brain injuries
- Spinal and neck injuries
- Partial or complete paralysis
- Broken bones
- Knee injuries, including torn ligaments
- Shoulder injuries
- Elbow and wrist injuries
- Injuries in the chest, such as broken ribs or collapsed lungs
- Internal organ injuries
- Cuts and scrapes that could become infected
You may have suffered other types of injuries for which you may be able to collect compensation.
Seek Medical Care as Soon as You Are Able
Even if you feel you were not significantly injured in the aftermath of your accident, you should still seek medical care. All potential injuries should be taken seriously in this type of crash.
After the accident, you may have a surge of adrenaline that masks some of the pain and injuries. But in the hours and days after the crash, the adrenaline can wear off, and you may feel the full effects of your injuries.
Only a trusted doctor can truly diagnose your injuries and run the necessary tests. To ensure your recovery, you should follow your doctor’s course of treatment to its end.
Do not stop treatment halfway through because you are starting to feel better. An insurance company may interpret your stopping treatment as a sign that you were not injured as seriously as initially thought, possibly reducing your chances to receive a fair settlement.
Deadlines in Pedestrian Accident Cases
As a pedestrian, when you are involved in an accident with a vehicle, you must meet a few deadlines to move your claim forward, including:
- Initial contact: You must contact the related insurance companies within one week of the crash.
- Benefits application: You must request an Application for Accident Benefits and submit it within 30 days of receiving it.
- Filing a lawsuit: You generally have up to two years to file a lawsuit and seek compensation under the Limitations Act.
A pedestrian accident lawyer serving Belleville may be able to help you adhere to any relevant deadlines.
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Let a Pedestrian Accident Lawyer Represent Your Interests
As a pedestrian, you expect drivers to obey traffic laws. If they do not, and they operate their motor vehicle in a negligent manner, you could be struck and suffer a significant injury.
Those walking who are injured by a driver are potentially eligible to receive damages. At Preszler Injury Lawyers, our team may be able to help you determine potentially recoverable damages. We want to fight to recover fair compensation for your damages, if you are eligible.
Call us at 1-800-JUSTICE today. We are ready to begin working on your case. If your injuries make it difficult for you to travel to our offices, we may be able to come to you.